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Opinions please,
My wife just had a small bump in the car, nothing serious just I'm unclear on who's fault it is.
She was in a car park and missed a space so was reversing back to the space, someone pulls out whilst she is reversing and she runs into them (they honked there horn but to late to react).
What's everyone's opinion on this as I'm kind of thinking that it's a 50 50 thing or more on my wifes side?
Am i biased?
Cheers
Her fault
50/50 - they both could have avoided it by looking where they were going.
I thought this was going to be a paternity thread...
We need badly drawn diagrams to be sure. Where did the other person pull out of?
Was the other car moving, or had they stopped? If they had stopped, and honked, and then she reversed into them, I think it's going to be hard to argue 50:50...
50/50 both moving at the time but IANAL
And regardless of who was *most* at fault, it ain't gonna be sorted anything other than a 50/50 - the insurance company wouldn't be bothered arguing it any other way.
Whose fault is the grammar of the title?
I'm going to be brave and say that it may actually be the other persons fault for this reason:
Your wife was [presumably] reversing back in a straight line to get back to a parking space, the other person has pulled out of their parking space without properly checking that there were no other cars coming.
If you pulled out of a driveway and was hit by a vehicle it would be your fault.
That said it will be 50:50 because they're both at fault.
hint: it's [i]never [/i]her fault
Was the car park one way? A lot are...
Yours!!!!
Probably yours...
Something similar happened to me except I was the one reversing out of a space in a car park when the collision occurred.
In my case the insurance companies decided it was my fault. 🙁
If they are both reversing 50/50
If only your wife was reversing her fault
Not a one way car park, I'm not sure if the other car had stopped, pulling out of a parking space.
I think perhaps a 50 50 is fair as the other car shouldn't have pulled out if there was a car moving towards where they wanted to be.
I suspect if the other cars honking it horn its then stationary? So your wife hit the stationary car?
Also from what you say it sounds like your wife wasnt looking backwards as she reversed, if she was why was the honking of the horn relevent & too late?
I suspect if the other cars honking it horn its then stationary?
That can only be an assumption - they could equally have taken the view that they were going to carry on and bully the other driver into stopping. It's a guess either way - I doubt the OPs partner even knows if the other car was stationery or not, never mind us.
Also from what you say it sounds like your wife wasnt looking backwards as she reversed
She might have been looking but as the other car pulled out it remained in a blind spot caused by other cars in the car park.
OP - what parts of the cars hit each other?
I am indeed assuming but Im presuming those involved know? So did she hit a stationary or moving car is the question to the OP.
If both moving it would be hard to prove anything other than 50/50.
If other car was stationary & depending on their version of events your wife could find blame being put at her door.
Off the record advice from a friend who works in motor insurance: DO NOT declare this to your insurers, nip round with a polishing rag or a rattle can and fix the other car out of your own pocket. Small incidents like this will get her marked down as an accident magnet and her premiums will increase.
I'm struggling to envisage a situation where someone would sound their horn and yet fail to stop, unless they were going too fast. That would seem somewhat unlikely when pulling out of a parking space.
Also, WTF would she hear the horn and keep going? Her fault, maybe a premium hike will encourage her to look where she's going in future. Sorry, I expect that's not what you want to hear.
My take is that they were halfway out, saw her coming and sounded the horn rather than make a mad dash to try to pull back in - a bit of a 'rabbit in the headlights' moment I guess.
'Polishing rag & Rattle can' 😉
Surely the car that's not parked has right of way - the other one is pulling out into the thoroughfare.
It's not overly clear where they're pulling out [i]from.[/i] Was it the space behind? Ie, she's reversing into a space, they've driven forward into the same space?
[quote=cynic-al ]Surely the car that's not parked has right of way - the other one is pulling out into the thoroughfare.
Depends. In this case the car which isn't parked is reversing - it seems perfectly reasonable for a car which is parked to pull out into the thoroughfare [b]behind[/b] another car. Assuming no reversing lights that is, and from the information given (and whatever tommyhine's wife might claim) it seems perfectly reasonable to assume parked car started pulling out before those came on.
She was reversing so had the greatest duty of care, regardless of most of the other circumstances, so will likely be her fault...
We don't know if the other party was reversing or not though...
The obvious answer is clearly given above it is your fault and you should appologise immediately. The practical answer is you and she will never know, the accounts will be too muddy and conflicting to resolve the blame clearly and it will pan out 50/50. So the best thing is unless there is expensive damage check both cars really carefully possibly by using a cloth and polish or T-cut, speak to the other driver too i am sure if you look really hard you will find neither car was damaged so no claim on either insurance arrises.
She was in a car park and missed a space [b]so was reversing back to the space[/b], someone pulls out whilst she is reversing and she runs into them (they honked there horn but to late to react).Woman reversing, doesnt sound correct or feasable.
Some liability either way really but in the end, she hit another car, the other car didn't hit her so she'll be lucky to get 50/50. Expect a fun insurance company war though
the fact your asking suggests you believe shes at fault, suck it up be honest save a lot of time and advise the wife its her fault, get the claim sorted quick and reap good vibes.
or waste lots of time add to everyone elses policy cost, make more money for parasitic lawyers and get it reduced to 50:50 which will still have the same effect on your policy renewal / claim record in future.
you have nothing to gain.
t seems perfectly reasonable to assume parked car started pulling out before those came on.
As is my assumption reasonable
What is your assumption, and how does it conflict with mine?
The car in the space would not have been able to see you wife reversing - esp if parked face forward. They would also not have expected a car to be reversing
Your wife should have been in control - she wasn't ... she didn't see the car and couldn't stop ....